20 US States Sue Trump Administration and filed a lawsuit over $100,000 fee on new H-1B visa petitions. They argue that the policy is unlawful and threatens essential public services.
The lawsuit targets a policy from the Department of Homeland Security. It raises costs for employers seeking to hire skilled foreign workers under the H-1B visa program. This program widely used by hospitals, universities, and public schools.
20 US States Sue Trump Administration
California Attorney General Rob Bonta, whose office is leading the case, said that the administration lacks the authority to impose the fee. “As the world’s 4th largest economy, California knows that when skilled talent from around the world joins our workforce, it drives our state forward,” Bonta said.
“President Trump’s illegal $100,000 H-1B visa fee creates unnecessary, and illegal, financial burdens on California public employers and other providers of vital services. This worsens labor shortages in key sectors,” he said.
What agenda behind $100,000 H-1B fee hike?
President Trump announced the fee through a proclamation on September 19, 2025. DHS applied the policy to H-1B petitions submitted after September 21 and allowed the Secretary of Homeland Security to decide which applications must pay the fee or qualify for exemptions.
The 20 US States Sue Trump Administration and claim the policy violates the Administrative Procedure Act and the US Constitution. It aims to avoid required rulemaking and overstepping congressional authority. They argue that fees related to the H-1B program limited to the costs of running the system. Currently, employers submitting initial H-1B petitions pay between $960 and $7,595 in total regulatory and statutory fees.
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